
Controversial things come in small packages.
Should pharmacists be penalized for refusing to sell birth control?
A Wisconsin state appeals court upheld sanctions Tuesday against a pharmacist who refused to dispense birth control pills to a woman and wouldn't transfer her prescription elsewhere. The 3rd District Court of Appeals ruled that the punishment the state Pharmacy Examining Board handed down against pharmacist Neil Noesen did not violate his state constitutional rights, specifically his "right of conscience" to religiously oppose birth control.
Is the court correct? Or should pharmacists have the right to refuse filling prescriptions that conflict with their ethical or religious beliefs?















Thoughts
Just a thought ...
Submitted on April 3rd, 2008 by AnonymousThese particular pills are, as I understand, not a prescription. Why not just make a device that can dispense them automatically. This way we can allow a machine to make the morally ambiguous decisions for us. For those of you wondering about the feasibility of this, they did something similar to it in California for Marijuana.
Re: Pharmacy Policy
Submitted on March 31st, 2008 by AnonymousIt's a good idea, but what if you came up short for a few shifts? Should the business owner be required to pay for more pharmacists because the ones on staff won't prescribe the right medication due to moral beliefs?
To take the point further, when hiring the replacement pharmacists could you then specify that you were looking for a non-religious one to fill the gap? Would that be religious discrimination? Would you then get sued out of business for the discrimination, or would you go out business because of the increased staffing costs?
Either way, it's not a healthy precedent to set. If you want to be a doctor, you must learn to cut flesh and prescribe medicine, otherwise you are a faith healer. If you want to be a pharmacist, do your job, and leave God out of it.
Pharmacy Policy
Submitted on March 31st, 2008 by AnonymousIt is no pharmacy's place to try and deny a pharmacist their religious beliefs, but ultimately it should be a pharmacy's responsibility to keep these situations from occuring. By a simple questionaire asking a pharmacist if he or she refuses to perform a certain task, it would allow the pharmacy to keep a variety of pharmacists on a certain shift to be able to perform any task a customer needs. Such a survey would not intrude on a person's religious beliefs, but would simply ask if they refuse to do something that another pharmacist would.
pharmacists yes, pharmacy no
Submitted on March 30th, 2008 by AnonymousI think the pharmacist does have a moral right to not fill certain prescriptions. But I don't think this right applies to the pharmacy.
If the pharmacy has an employee that refuses to fill such scripts, that pharmacy would be required to have on duty another pharmacist willing to fill that script.
Even on the slowest shifts.
On Topic or Off?
Submitted on March 27th, 2008 by AnonymousI think the problem here isn't the pharmacists religious stand as much as it is the REFUSAL to transfer the prescription.
If the pharmacist cannot or will not fill the prescription written by a licensed pnysician, then he or she has a choice.
1. Return the script.
2. Transfer the script.
3. Ask another pharmacist to fill it.
No pharmacist can act as judge and jury. Nor can he or she legally hold the script and, at the same time, refuse to fill or transfer it using religion as the reason to deny service. The law is clear on this point. This pharmacist is licensed to dispense federally controlled substances.. He or she is not licensed to make personal judgement or to dispense religious dogma.
Re:Utilities
Submitted on March 26th, 2008 by JoelWayne: Thanks for your comments, and I admit that the electric utility is an imperfect analogy. But pharmacists do perform a regulated public service, and I think it's fair to hold them to a slightly stricter service standard than, say, your average widget maker.
To answer your question: I would not force small-town physicians to perform abortions, nor lobotomies, nor breast augmentation. For that matter, I don't expect anybody who wants to practice pharmacy to violate their consciences either -- but I do think it's fair, then, to ask them not to practice pharmacy. We wouldn't expect a Christian Scientist to dispense prescriptions; this is not dissimilar, I think.
There's a difference, too, between the procedures you describe and the issue at hand. Abortions, lobotomies and breast augmentation are all extra-ordinary procedures, so access is necessarily limited. Reproductive health, though, requires ongoing maintenance -- and thus creates an undue burden on the public.
I'm not going to pretend this is easy; I'm sympathetic to matters of conscience. But I think the burden in this case falls upon the pharmacist, not the customer.
Apples & Oranges
Submitted on March 26th, 2008 by WayneLaugesenHi Joel. FYI, the Apples & Oranges question came from me. I hadn't logged on, so it showed up as "anonymous," which wasn't intended. Great site. Keep up the good work. -- Wayne
Apples & oranges
Submitted on March 26th, 2008 by AnonymousJoel:
A public utility uses public right-of-way and enjoys a government-sanctioned monopoly. The product, power, is content neutral.
By contrast, the vast majority of pharmacists are private practitioners, working for themselves or private enterprise. They dispense a great variety of drugs, some of which are controversial and harmful. Should a pharmacist be forced to fill a morphine prescription for someone he knows will abuse it -- someone he fears will be seriously harmed or killed by the lawful prescription? No. Should a pharmacist be forced to dispense a drug that he or she knows will kill an embryo?
The consumer can choose another pharmacist, even if it means traveling a great distance. The fact that a private practitioner may operate in an isolated village does not negate his/her right to avoid a personal crisis of conscience. I have to know this, Joel: would you support a government mandate that would force small town physicians to perform abortions? How about lobotomies, or breast augmentation?
Not that simple
Submitted on March 26th, 2008 by JoelIn a lot of smaller towns, the local pharmacy is the only game in town. Public health -- reproductive health, included -- shouldn't be subjected to the whims of the local druggist.
Find another job
Submitted on March 26th, 2008 by Bull MooseIf thine eye offend thee cut it out i think the Good book says. You can't make Heaven on earth,no matter how hard the religious right tries.
Funny when the left wingers want to ban smoking or fatty foods the right screams bloody murder, but when it suits their ideology hypocrisy is OK.
Find another job
Submitted on March 26th, 2008 by Bull MooseIf thine eye offend thee cut it out i think the Good book says. You can't make Heaven on earth,no matter how hard the religious right tries.
Funny when the left wingers want to ban smoking the right screams bloody murder, but when it suits their ideology hypocrisy is OK.
A simple solution
Submitted on March 26th, 2008 by Chuck_JohnsonIf you don't like the way your pharmacist is behaving, take your business elsewhere.
Don't liberals believe in substantive due process that "shocks the conscience"?
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Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
They shouldn't be penalized.
Submitted on March 26th, 2008 by AnonymousBut they shouldn't be called Pharmacists either. If I was a cop and refused to shoot dangerous criminals because my religion was against it, I wouldn't be a cop.
They can do this, but change their title to preacher. If you want a job, you have to do the job, even the unpleasant parts you don't care for.
Compulsion and conscience
Submitted on March 26th, 2008 by JoelI might be able to buy David Freddoso's take if pharmacists were, say, Fuller Brush salesmen -- dispensing nice-but-unnecessary goods that we can enjoy at our leisure.
That's not the case, of course. Pharmacies and pharmacists may practice privately, but they serve a public need -- that's why they're regulated and licensed by state governments, which are acting in the interest of public health. In this sense, pharmacies are much like electrical utilities -- both are often the only game in town in their respective fields. If ConEd decided to stop selling electricity to the Catholic Church because of theological differences, we'd -- rightly -- be shocked and try to put an end to it.
If pharmacists don't feel they can dispense birth control medicine, then they shouldn't be pharmacists. They have made the choices to put their professional obligations in conflict with their consciences; they shouldn't be allowed to have it both ways.
And it's finally worth noting that the Wisconsin case above is particularly egregious. This pharmacist wasn't just acting on his own conscience; he decided to infringe upon the conscience of his customer, not allowing her to transfer her prescription elsewhere. That's abhorrent, bullying behavior that should not be tolerated.